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(영문) 서울남부지방법원 2017.08.22 2015가단49167
위자료 및 약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff reported the marriage on January 16, 1985 with C, but reported the divorce on December 21, 199, and thereafter, on June 7, 200, the plaintiff reported the marriage to two children who became adult.

B. From June 2013, the Defendant had C and Mannam, and as well as the Jeju-do tour.

It is proposed that this opportunity should be known again. If C is to meet again, I will be subject to any punishment.

The consolation money will be included in this0 million won.

C. On December 25, 2013, the Defendant prepared and delivered to the Plaintiff a written statement with the following content.

[Ground of recognition] Facts without dispute, Gap evidence 2, the purport of the whole pleadings

2. Determination on the claim for agreed amount

A. The gist of the Plaintiff’s assertion was that the Defendant shall pay consolation money of KRW 20 million to the Plaintiff within the meaning of committing an intentional act with C, which had been prior to the preparation of the instant written statement, and the Defendant is obliged to pay consolation money of KRW 20 million to the Plaintiff in accordance with the instant written statement.

B. We examine the judgment, the evidence submitted by the plaintiff alone is insufficient to recognize that the consolation money of KRW 20 million, which the defendant made to pay as consolation money for the defendant's unlawful acts prior to the preparation of each of the instant statements, and there is no other evidence to acknowledge it. Rather, considering the whole purport of the arguments in the statement in Eul 10-2, 3, 4, and 8, each of the instant statements was made after asking the plaintiff whether the plaintiff may not come up to the defendant in the future. In light of the reasons for its preparation, each of the instant statements was prepared after asking whether the plaintiff may bring up a letter that the plaintiff would not come up to the defendant in the future. In addition, each of the instant statements was prepared in order to prevent future illegal acts, not to punish the previous illegal acts, but to prevent future illegal acts. The plaintiff's mother and female at the time of preparation of each of the instant statements.

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